UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


lNl.71955 

PROCEEDINGS 


TERRITORIAL 


BAR   ASSOCIATION 


UTAH 


Held  in  Salt  Lake  City, 
Jan.    8th,    nth   and    i8th,   and    Feb.   i6th,    1894. 


SCHOOL  OF  LAW    S.C 

PROCEEDINGS 


TERRITORIAL 


BAR   ASSOCIATION 


U  T  A  H 


Held  in  Salt  Lake  City,  Jan.  8, 11  and  18,  and  Feb.  16,  1894. 


ttff ' * «31 


SALT    LAKE    CITY: 
THE    MAGAZINE    PRINTING    COMPANY 

1894. 


Officers  for  the  Year   1894. 


PRESIDENT, J.  G.  SUTHERLAND. 

VICE-PRESIDENT,  ....  First  Judicial  District S.  R.  THURMAN. 

VICE-PRESIDENT,  ....  Second  Judicial  District,  .   .  .M.  M.  WARNER. 

VICE-PRESIDENT Third  Judicial  District,  .  .      .  C.  \V.  BENNETT. 

VICE-PRESIDENT,.  .    .   .  Fourth  Judicial  District,  .    .   .JAMES    N.    KIMBALL. 

SECRETARY, RICHARD  B.  SHEPARD. 

TREASURER ELMER  B.  JONES. 


Executive  Council. 


P.  L.  WILLIAMS,  JOHN  A.  MARSHALL,  F.  S.   RICHARDS. 

E.  M.  ALLISON,  GRANT  H.  SMITH. 


Committee  on  Grievances. 

THOMAS  MARSHALL,  C.  S.  VARIAN,  J.   H.  MAcMILLAN, 


Minutes   of   the   fleeting   of  the  Territorial    Bar 

Association  of  Utah,  held  in  January 

and  February,  1894. 


Meeting  of  attorneys  at  the  Federal  Court  room,  Monday 
evening,  January  8th,  1894.  Called  to  order  by  Elmer  B.  Jones, 
who  stated  the  object  of  the  meeting  to  be  the  organization  of  a 
Territorial  Bar  Association. 

B.  F.  Montgomery  was  elected  temporary  chairman  and 
Elmer  B.  Jones  temporary  secretary.  Col.  Kaighn  asked  if  the 
proposed  organization  would  in  any  way  antagonize  the  local 
Bar  Association.  On  being  assured  that  it  would  not,  he  moved 
that  a  committee  of  five  be  appointed  by  the  chairman  on  per- 
manent organization,  constitution  and  by-laws.  Carried. 

Thereupon  the  chairman  appointed  J.  G.  Sutherland, 
F.  S.  Richards  and  R.  B.  Shepard,  of  the  Salt  Lake  Bar,  Win.  H. 
King,  of  the  Provo  bar,  and  L.  R.  Rogers,  of  the  Ogden  bar,  as 
such  committee. 

Motion  was  then  made  that  when  the  meeting  adjourned  it 
be  to  re-meet  at  the  Supreme  Court  room.  Salt  Lake  City,  on 
Thursday.  January  llth,  at  7:30  p.  m.  Carried.  The  Secretary 
was  instructed  to  have  notices  of  such  meeting  published  in  all 
the  daily  papers  in  Salt  Lake,  Ogden  and  Provo.  On  motion, 
meeting  adjourned.  ELMER  B.  JONES, 

Temporary  Secretary. 

SALT  LAKE  CITY,  January  8th,  1894. 


BAR  ASSOCIATION  OF  UTAH. 


SUPREME  COURT  ROOM, 

Salt  Lake  City,  Jan.  llth,  1894. 

Meeting   called   to  order  by  B.  F.  Montgomery,  chairman. 

The  report  of  the  committee  on  constitution,  by-laws  and 
permanent  organization  was  called  for  and  Judge  J.  G.  Suther- 
land, chairman,  submitted  a  constitution  and  by-laws,  which  was 
discussed  at  great  length,  and  adopted  with  the  following  amend- 
ments: "That  special  meetings  may  be  called  at  any  time  by  the 
Executive  Council  or  the  President,  and  must  be  called  when  a 
request,  signed  by  fifteen  members  of  the  Association  is  made 
therefor;  the  notice  of  such  special  meeting  shall  be  by  publica- 
tion in  all  the  daily  papers  of  Salt  Lake,  Ogden  and  Provo,  or  by  . 
personal  notices  sent  by  the  Secretary  to  each  member  of  the 
Association.  In  either  case  not  less  than  three  days  notice  of  the 
time  and  place  of  holding  such  meeting,  shall  be  given." 

On  motion,  the  rules  were  suspended  and  Judge  J.  G.  Suther- 
land was  elected  President  of  the  Association  by  acclamation. 

On  motion  the  rules  were  again  suspended  and  the  following 
named  Vice-Presidents  were  elected,  one  from  each  Judicial  District: 

Samuel  R.  Thurman,  Provo,  First  District. 

Presley  Denny,  Beaver,  Second  District. 

Charles  W.  Bennett,  Salt  Lake  City,  Third  District. 

James  N.  Kimball,  Ogden,  Fourth  District, 

On  motion,  the  rules  were  again  suspended  and  Richard  B. 
Shepard,  of  Salt  Lake  City,  was  elected  Secretary  by  acclamation, 
and  Elmer  B.  Jones,  Treasurer. 

It  was  then  moved  that  a  ballot  be  taken  on  the  election  of 
an  Executive  Council  and  that  the  five  persons  receiving  the 
highest  number  of  ballots  be  declared  elected. 

The  ballot  was  then  ordered  and  Waldemar  Van  Cott  and 
Wm.  M.  Bradley  were  appointed  tellers  of  election,  which  re- 
sulted in  the  selection  of  Parley  L.Williams,  John  A.  Marshall, 
F.  S.  Richards,  E.  M.  Allison  and  Wm.  H.  King,  as  such  Council. 

It  was  then  moved  that  the  rules  be  suspended,  and  the 
President  authorized  to  appoint  a  committee  on  grievances. 


BAR  ASSOCIATION  OF  UTAH. 


On  motion,  thirty  days  were  given  to  all  attorneys  desiring  to 
become  charter  members  of  the  Association  in  which  to  sign  the 
roll  and  pay  the  membership  fee,  moved  that  the  meeting  ad- 
journ for  one  week,  and  that  the  next  regular  meeting  be  held  on 
the  first  Monday  in  June,  1894,  at  the  Federal  Court  room,  Salt 
Lake  City,  at  7:MO  p.  m.,  at  which  delegates  to  the  American  Bar 
Association  be  elected. 

The  President  then  announced  that  he  would  report  his 
selection  of  a  committee  on  grievances,  at  the  next  meeting. 

On  motion,  meeting  adjourned  to  January  18th,  1894,  at  7:30 

p.  m.  ELMER  B.  JONES, 

Temporary  Secretary. 

SUPREME  COURT  ROOM, 

Salt  Lake  City,  Utah, 

January  18th,  1894. 

Meeting  called  to  order,  pursuant  to  adjournment,  by  J.  G. 
Sutherland,  President.  There  not  being  a  quorum  present,  meet- 
ing adjourned  sine  die. 

The  President  announced  before  adjournment  that  he  ap- 
pointed as  members  of  the  committee  on  grievances,  Thomas 
Marshall  and  C.  S.  Varian,  of  the  Salt  Lake  City  bar,  and  J.  H. 
MacMillan,  of  the  Ogden  bar.  RICHARD  B.  SHEPAKD, 

Secretary. 


SUPREME  COURT  ROOM, 

Salt  Lake  City,  Utah, 

February  16th,  1894. 

The  Association  met  pursuant  to  the  call   of  ihe    President, 
a  quorum  being  present. 

Upon  motion,  the  regular  order  of   business  was   dispensed 
with  and  the  business  named  in  the  call  was  taken    up  and  dis- 
posed of.     Mr.   Kimball,  of  Ogden,   moved  that  Section  3330  of 
the   Compiled    Laws  of  Utah   be  amended   by  striking  out  after 


BAR  ASSOCIATION  OF  UTAH. 


the  word  court  in  the  second  line,  all  words  to  the  word  or  in  the 
third  line,  and  that  this  Association  recommend  to  the  Utah 
Legislature  the  passage  of  such  amendment.  Carried. 

Mr.  Shepard  moved  that  a  committee  of  three  be  appointed 
by  the  President  to  draft  an  attorneys'  lien  bill  and  present  the 
same  to  the  Territorial  Legislature  and  request  on  behalf  of 
the  Association  its  passage.  Carried. 

The  President  appointed  as  such  committee  A.  N.  Cherry,  A. 
T.  Schroeder,  and  Walter  Murphy. 

Mr.  Grant  H.  Smith  moved  that  a  committee  of  five  be  ap- 
pointed by  the  President  (one  of  said  committee  to  be  the  Presi- 
dent,) to  place  before  the  ways  and  means, committee  of  the  Terri- 
torial Legislature  in  a  proper  manner  the  reason  why  an  approp- 
riation should  be  made  for  the  Territorial  Library.  Carried. 

The  President  appointed  as  such  committee  J.  G.  Sutherland, 
T.  J.  Anderson,  John  A.  Marshall,  F.  B.  Stephens  and  Elmer  B. 
Jones. 

Mr.  Elmer  B.  Jones  moved  that  a  committee  of  five  be  ap- 
pointed by  the  President,  to  draft  a  bill  for  an  Attorney's  Docket 
fee  and  present  the  same  to  the  Territorial  Legislature  and  request 
its  passage. 

Mr.  F.  B.  Stephens  moved  as  a  substitute  that  the  committee 
be  left  without  limitation  in  order  that  thev  might  prepare  a  bill 
without  stating  the  amount  or  fees.  The  substitute  was  adopted- 

The  President  appointed  as  such  committee,  C.  W.  Bennett, 
Thomas  Marshall,  J.  W.  Judd,  H.  P.  Henderson  and  Waldemar 
VanCott. 

Mr.  Kimball  moved  that  a  committee  of  five  be  appointed  to 
draft  rules  for  the  regulation  of  appeals  to  the  Supreme  Court.  Mr 
Schroeder  moved  to  amend  by  adding: 

"And  draft  rules  for  the  District  Courts  of  the  Territory  and 
present  the  same  to  the  respective  Courts  and  request  their  adop- 
tion." 

The  motion  as  amended  was  adopted. 

Moved  that  the  drafting  and   presenting  of  Rules  be  referred 


BAR  ASSOCIATION  OF  UTAH. 


to  the  committee  appointed  to  draft  bill  for  Attorney's    Docket 
fee.         Carried. 

Moved,  that  the  committee  on  Attorney's  Docket  fee  bill  is 
instructed  to  confer  with  the  proper  legislative  committees  regard- 
ing fees  of  District  Clerks,  U.  S.  Marshal,  Sheriffs,  Constables  and 
Justices  of  the  Peace.  Carried. 

On  motion,  the  offices  of  Executive  Council  filled  by  Wm.  H. 
King  and  of  Vice  President  filled  by  Presley  Denny  were  declared 
vacant. 

Mr.  Grant  II.  Smith  was  elected  a  member  of  the  Executive 
Council  in  place  of  Wm.  H.  King. 

Mr.  M.  M.  Warner  of  Provo  was  elected  Vice  President  in 
place  of  Presley  Denny. 

On  motion  the  Treasurer  was  instructed  to  pay  C.  M.  Neilson 
five  dollars  for  services  for  lighting  and  caring  for  place  of  meet- 
ing- 
Moved  that  the  addressses  and  discussions  that  usually  take 
place  at  the  regular  annual  meetings  be  held  at  the  adjourned 
meeting  of  the  Association  in  June,  1804,  and  that  the  Executive 
Council  is  hereby  instructed  to  designate  such  persons,  etc ,  under 
Article  9  of  the  Constitution,  to  deliver  such  addresses. 

Carried. 

On  motion  adjourned  to  meet  on  March  1st,  1894,  at  7.30  P. 
M.  at  Supreme  Court  room,  in  Salt  Lake  City,  Utah. 

RICHARD  B.  SHEPARD, 

Secretary. 


CONSTITUTION  AND  BY=LAWS 

OF    THE 

TERRITORIAL  BAR  ASSOCIATION  OF  UTAH. 

CONSTITUTION. 

ART.  i.  The  name  of  the  Association  shall  be  The  Territorial  Bar  Associ- 
ation of  Utah. 

ART.  2.  The  object  of  the  Association  shall  be  the  elevation  of  the  standard  of 
professional  learning  and  integrity;  to  inspire  the  greatest  degree  of  respect  for  the 
efforts  and  influence  of  the  Bar  in  the  administration  of  justice;  and  to  cultivate 
fraternal  relations  among  its  members. 

ART.  3.  The  officers  of  the  Association  shall  be  a  President,  a  Vice-President 
from  each  Judicial  District,  Secretary,  Treasurer,  an  Executive  Council  of  five 
members,  and  a  Committee  on  Grievances  consisting  of  three  members,  which 
officers  shall  be  elected  annually  and  hold  until  successors  are  elected  and  accept. 

ART.  4.  The  President  shall  deliver  an  address  at  each  regular  annual  meet- 
ing of  the  Association,  and  the  duties  of  the  President,  Vice-President,  Secretary 
and  Treasurer  shall  be  such  as  usually  pertain  to  those  officers  respectively. 

ART.  5.  Regular  meetings  of  the  Association  shall  be  annually  held  at  Salt 
Lake  City  on  the  second  Monday  in  January,  at  7:30  p.  m.  at  the  Supreme  Court 
room,  for  the  election  of  officers,  and  for  addresses  and  discussions;  also  for  the 
transaction  of  any  other  business  of  the  Association.  The  President  and  the  mem- 
bers of  the  Executive  Council  and  Committee  on  Grievances  shall  be  elected  at  the 
annual  meeting  by  ballot. 

Special  meetings  may  be  called  at  any  time  by  the  Executive  Council  or  the 
President,  and  must  be  called  when  a  request  signed  by  fifteen  members  of  the 
Association  is  made  therefor.  And  the  notice  of  such  special  meeting  shall  be  by 
publication  in  the  daily  papers  of  Salt  Lake,  Ogdtn  and  Provo,  or  by  personal  notice 
sent  by  the  Secretary  to  each  member  of  the  Association,  in  either  case  not  less 
than  three  days'  notice  of  the  time  and  place  of  holding  such  meeting  shall  be 
given. 

ART.  6.     A  quorum  for  the  transaction  of  business  shall  be  twenty  members. 


BAR  ASSOCIATION  OF  UTAH. 


^RT.  7.  No  person  shall  be  admitted  to  membership  in  this  Association  who  is 
not  a  member  of  the  bar  of  the  Supreme  Court  of  Utah. 

ART.  8.  All  applications  for  membership  at  the  annual  meeting  shall  be  re- 
ferred to  the  Executive  Council,  who  shall  report  on  the  same  to  the  Association, 
with  their  recommendation,  and  no  person  shall  be  admitted  to  membership  except 
by  a  two-thirds  vote  of  the  members  present.  During  the  interval  between  annual 
meetings,  applications  for  membership  may  be  determined  by  the  Executive  Coun- 
cil. Each  member  shall  pay  an  admission  fee  of  five  dollars,  and  annual  dues  after 
the  first  year  of  three  dollars.  Any  member  mav  be  expelled  on  the  vole  of  a 
majority  of  the  members  of  the  Association. 

ART.  9.  The  Executive  Council  shall  manage  the  affairs  of  the  Association 
subject  to  the  Constitution  and  By-Laws;  it  shall  also  on  or  before  the  first  day  of 
May  of  each  year,  designate  such  number  of  members,  not  exceeding  six,  to  prepare 
and  deliver  or  read  at  the  next  annual  meeting  thereafter,  appropriate  addresses  or 
papers  upon  subjects  chosen  and  assigned  by  the  Council,  to  each  of  such  members 
as  may  be  so  selected  for  such  purpose. 

ART.  10.  All  addresses  delivered  and  papers  read  before  the  Association,  a 
copy  of  which  is  furnished  by  the  author,  shall  be  lodged  with  the  Secretary.  The 
annual  address  of  the  President,  the  reports  of  committees  and  all  proceedings  of 
the  annual  meeting  shall  be  printed;  but  no  other  address  delivered  or  paper  read 
shall  be  printed  except  by  order  of  the  Executive  Council. 

ART.  n.  The  Committee  on  Grievances  shall  be  charged  with  the  investi- 
gation of  all  complaints  against  members  of  the  Association,  members  of  the  Bar 
and  officers  of  the  Courts,  and  also  of  all  complaints  which  may  be  made  to  them  in 
matters  affecting  the  members  of  the  legal  profession,  the  practice  of  law  and  the 
administration  of  justice,  and  shall  report  thereon  to  the  Association  with  such  re- 
commendations as  they  may  deem  proper.  The  proceedings  of  such  committee 
shall  be  secret. 

ART.  12.  If  a  vacancy  occurs  in  the  office  of  President,  the  Executive  Council 
may  designate  a  Vice-President  to  fill  his  place.  Said  Council  shall  also  fill  any 
vacancy  that  may  occur  in  the  office  of  Secretary  or  Treasurer;  and  said  Council 
and  said  Committee  on  Grievances  may  respectively  fill  any  vacancy  that  may 
occur  therein. 

ART.  13.  The  Treasurer  shall  render  an  account  annually  to  the  Executive 
Council,  and  said  Council  shall  report  the  same  to  the  Association  at  its  annual 
meeting. 

ART.  i_|.  The  Executive  Council  shall  cause  to  be  printed,  such  number  of  the 
Constitution  and  By-Laws  of  the  Association,  with  the  roll  of  the  members  of  the 
Association,  as  it  shall  deem  best,  not  exceeding  one  thousand  copies,  and  shall 


10  KAR  ASSOCIATION  OF  UTAH. 

distribute  the  same  to  members  of  the  Association,  and  to  such  other  persons  or 
associations,  or  societies  as  it  may  deem  prudent;  and  shall,  with  the  proceedings 
of  each  annual  meeting,  print  a  roll  of  the  members  of  the  Association. 

ART.  15.  This  Constitution  shall  remain  unalterable  except  by  a  vote  of  two- 
thirds  of  all  members. 

BY-CAWS. 

SECTroN  i.     The  order  of  exercises  at  each  annual  meeting  shall  be  as  follows: 

1.  Opening  address  by  the  President. 

2.  Consideration  of  applications  for  membership. 

3.  Report  of  Executive  Council. 

4.  Report  of  Committee  on  Grievances. 

5.  Reports  of  special  committees. 

6.  Delivering  or  reading  of  addresses  and  papers. 

7.  Miscellaneous  business. 

8.  Election  of  officers  and  delegates  to  American  Bar  Association. 

SEC.  2.  There  shall  be  chosen  by  ballot  at  each  annual  meeting,  three  mem- 
bers as  delegates  to  the  American  Bar  Association  for  the  ensuing  year. 

SEC.  3.  These  By-Laws  may  be  amended  at  any  regular  meeting  by  a  majority 
vote  of  the  members  present. 


CHARTER  MEMBERS. 


A.  T.  Schroeder,  .       .    .  Salt  Lake  City. 

James  H.  Moyle, Salt  Lake  City. 

W.  I.  Snyder Park  City. 

Barlow  Ferguson,  .   .   .  .Salt  Lake  City. 

Wm.  Buys, Heber. 

Waldemar  Van  Cott,  .  .Salt  Lake  City. 
George  Sutherland,  .  .  Provo. 

John  A.  Marshall, Salt  Lake  City. 

C.  \V.  Bennett, Salt  Lake  City. 

Joseph  T.  Richards,.  .   .  .Salt  Lake  City. 

A.  N.  Cherry, Salt  Lake  City. 

N.  J.  Sheckell, Salt  Lake  City. 

L.  M.  Armstrong, Salt  Lake  City. 

J.  G.   Sutherland, Salt  Lake  City. 

F.  S.  Richards Salt  Lake  City. 

James  W.  Cherry,  .   .      .Salt  Lake  City. 
Nathan  Tanner,  Jr.,  .      .Ogden. 
Richard  B.  Shepard,  .   .  Salt  Lake  City. 

Elmer  B.  Jones, Salt  Lake  City. 

C.  VV.  Collins, Salt  Lake  City. 

J.  C.  Walters, Logan. 

J.  W.  Judd Salt  Lake  City. 

Charles  E.  Pearson,  .  .  .Salt  Lake  City. 
George  W.  Moyer,  .  .  .  Salt  Lake  City. 
Charles  Baldwin,  ....  Salt  Lake  City. 

John.  Lu.  Taylor, Salt  Lake  City. 

Wm.  Gill  Mills, Salt  Lake  City. 

Frank  B.  Stephens,.  .   .  .Salt  Lake  City. 

O.  W.  Moyle Salt  Lake  City. 

Geo.  L.   Nye, Salt  Lake  City. 

M.  L.  Ritchie, Salt  Lake  City. 

E    E.  Ritchie, Salt  Lake  City. 


E.  O.  Lee, Salt  Lake  City. 

J.  G.  Gray Salt  Lake  City. 

H.  E.  Booth, Salt  Lake  City. 

T.  Ellis-Browne Salt  Lake  City. 

C.  B.  Jack, Salt  Lake  City. 

Wm.  Kahn, Salt  Lake  City. 

J.  C.  Royle, Salt  Lake  City. 

J.  H.  MacMillan,      .    .   .  Ogden. 

J.  A.  Street, Salt  Lake  City. 

Noble  Warner,  Jr.,  •      •  Logan. 
Dennis  C.  Eichnor,  .   .  .  Salt  Lake  City. 
John  B.  Anderson,    .   .   .  Salt  Lake  City. 
Jacob  S.  Boreman,  .   .   .  Ogden. 
Grant  H.  Smith,  ....  Salt  Lake  City. 

E.  M.  Allison, Ogden. 

Charles  C.  Richards,  .   .  Ogden. 

Geo.  G.  Armstrong,      .  .Salt  Lake  City. 

Chas.  J.  Pence, Salt  Lake  City. 

C.  E.  Allen ,Salt  Lake  City. 

Walter  Murphy,  ....  Salt  Lake  City. 
Clesson  S.  Kinney,    .   .  .Salt  Lake  City. 

T.  J.  Anderson, Salt  LakeCity. 

A.  V.  Taylor, Salt. Lake  City. 

J.  E.  Cochran, Salt  Lake  City. 

H.  J.  Dininny, Salt  Lake  City. 

•  C.  F.  Loofbourow,  .   .   .  Salt  Lake  City. 
H.  H.   Henderson,  .   .   .  Ogden. 
George  A.  Burgon,  .   .   .  Salt  Lake  City. 
Wm.  M.  Bradley,.  .   .   .  Salt  Lake  City. 
E.  D.  R.  Thompson,    .   .  Salt  Lake  City. 

M.  M.  Warner, Provo. 

P.  L.  Williams, Salt  Lake  City. 


CHARTER  MEMBERS. 


John  M.  Cannon,  ....  Salt  Lake  City. 
Thomas  Marshall,  .  .  .  Salt  Lake  City. 
Samuel  R.  Thurman,  .  .  Provo. 

C.  S.  Varian Salt  Lake  City. 

P.  J.  Daly, Salt  Lake  City. 


E.  W.  Tatlock, Salt  Lake  City. 

James  N.  Kimball,.  .  .  Ogden. 
Charles  L  Brown,  .  .  .  Eureka. 
James  A.  Williams,  .  .Salt  Lake  City. 


